Kidnapping – Biological Father’s Act of Taking Minor Son from Mother’s Custody – Examination of whether a biological father taking his minor son from the mother’s custody amounts to kidnapping under Section 363 of the IPC – Father’s role as natural guardian under Hindu law considered. [Para 4-5, 12]
Lawful Guardianship – Hindu Minority and Guardia...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Applicability of Sections 42(1) and 42(2) – Seizure of narcotic substance from a vehicle – Whether the vehicle is a public conveyance – Compliance with Section 42 requirements – Statutory mandate of entry, search, seizure, and arrest – Significance of clear recorded statement – Non-compliance with Sect...
Criminal Revision Application – Challenging the order of Additional District & Sessions Judge (1st Court) – Prayer for further investigation after the charge sheet was filed – Examination of the scope of power to order further investigation. [Para 1]
Importance of Fair Investigation – Citing the case of Romila Thapar v. Union of India – Emphasizing fa...
Criminal Application – Compounding of Offence under Section 138 of the Negotiable Instruments Act – Application for compounding rejected by Magistrate – Application made by accused directors of a company for dishonour of a cheque amounting to Rs. 15 lakhs – Appeal against the non-compounding of the offence. [Para 2, 3, 4, 6]
Insolvency Proceedings – Impact on Crimi...
Dowry Death – Bail – Grant of bail to accused No.1 – Allegations of demand for dowry and cruelty leading to suicide of deceased Meghana – Lack of material evidence to establish demand for dowry at the time of marriage – Deceased subjected to physical and mental torture after three months of marriage – Accused allegedly coercing deceased to bring additional dowry...
Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...
of the arresting authority must be based on pertinent material, and compliance with procedural safeguards is essential to uphold the legality of an arrest. [Para 61-66]
Constitutional Law – Right to Liberty and Fair Procedure – The Court reiterated the constitutional guarantee of individual liberty and the requirement for a fair and transparent procedure in matters of arrest and det...
Criminal Law - Quashing of Order - Money Laundering - Petitioner accused of siphoning Rs. 190 crores - Enforcement Directorate registered case under PMLA - Petitioner seeks quashing of order dismissing application for exemption from personal appearance - Petitioner's counsel argues non-inclusion as accused in initial FIR - Enforcement Directorate later adds petitioner's name through supple...
Bail Application – Rejection of Bail in Money Laundering Case – Petitioner's involvement in alleged primary teacher recruitment scam – Petitioner, previously the President of the West Bengal Board of Primary Education, accused of facilitating illegal appointments – Bail application rejected due to the gravity of the offense and the influential position of the petitioner...
Passport Renewal – The petitioner seeks the renewal of his passport – Passport renewal denied due to pending criminal cases against the petitioner – Reliance placed on Gazette Notification No.G.S.R No.298(E) dated 14.04.1976 – Reference to prior judgments regarding passport renewal in similar cases – Interpretation of the applicability of the Gazette Notification &nda...